State Definition Citation Text ALABAMA This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Mortgage Brokers Licensing Act, Consumer Credit Act or the Secure and Fair Enforcement for Mortgage Licensing Act. ALASKA This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Secure and Fair Enforcement for Mortgage Licensing Act. ARIZONA This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Mortgage Bankers Statutes, Mortgage Broker Statutes or Loan Originator Statutes. ARKANSAS FAIR MORTGAGE LENDING ACT Mortgage servicer means a person that receives from or on behalf of a borrower: (1) funds or credits in payment for a mortgage loan; or (2) the taxes or insurance associated with a mortgage loan. Ark. Code Ann. 23 39 502(17) CALIFORNIA FINANCE LENDERS LAW & REAL ESTATE LAW Mortgage servicer means a person or entity who directly services a loan, or who is Cal. Civ. Code 2920.5(a) responsible for interacting with the borrower, managing the loan account on a daily basis including collecting and crediting periodic loan payments, managing any escrow account, or enforcing the note and security instrument, either as the current owner of the promissory note or as the current owner s authorized agent. Mortgage servicer also means a subservicing agent to a master servicer by contract. Mortgage servicer shall not include a trustee, or a trustee s authorized agent, acting under a power of sale pursuant to a deed of trust. RESIDENTIAL MORTGAGE LENDING ACT Mortgage servicer means a person that: (1) is an approved servicer for the FHA, VA, FmHA, Ginnie Mae, Fannie Mae, or Freddie Mac; and (2) directly services or offers to service mortgage loans. Service or servicing means receiving more than three installment payments of principal, interest, or other amounts placed in escrow, pursuant to the terms of a mortgage loan and performing services by a licensee relating to that receipt or the enforcement of its receipt, on behalf of the holder of the note evidencing that loan. Cal. Fin. Code 50003 COLORADO CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FEDERAL This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Mortgage Loan Originator Licensing and Mortgage Company Registration Act or the Uniform Consumer Credit Code. This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Nondepository Mortgage Lenders and Brokers Act. This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Licensed Lenders Act, Mortgage Loan Brokers Act or the Secure and Fair Enrocement for Mortgage Licensing Act. MORTGAGE LENDERS AND BROKERS ACT Does not specifically define a mortgage servicer, however, does define "engaging in the business of servicing mortgage loans for others or collecting or otherwise receiving mortgage loan payments directly from borrowers for distribution to any other person" under the Mortgage Lenders and Brokers Act. See also definition of mortgage lender. D.C. Code Ann. 26 1101(11) FDCPA See definition under Lender (Creditor). DEBT COLLECTOR means any person who uses any instrumentality of interstate FDCPA (15 USC 1692a(6)) commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. The term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; (B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts; (C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties; (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt; (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and (F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity; (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. RESPA The term "servicer" means the person responsible for servicing of a loan (including the person who makes or holds a loan if such person also services the loan). Servicing means receiving any scheduled periodic payments from a borrower pursuant to the terms of any loan, including amounts for escrow accounts, and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan. RESPA (12 USC 2605(I)(2 & 3) REGULATION X Servicer means the person responsible for the servicing of a mortgage loan (including the person who makes or holds REG X (12 CFR 1024.2(b)) a mortgage loan if such person also services the mortgage loan). Servicing means receiving any scheduled periodic payments from a borrower pursuant to the terms of any mortgage loan, including amounts for escrow accounts, and making the payments to the owner of the loan or other third parties of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract. In the case of a home equity conversion mortgage or reverse mortgage as referenced in this section, servicing includes making payments to the borrower. REGULATION O Servicer means the individual or entity responsible for: (1) Receiving any scheduled periodic payments from a consumer pursuant to the terms of the dwelling loan that is the subject of the offer to provide mortgage assistance relief services, including amounts for escrow accounts; and (2) Making the payments of principal and interest and such other payments with respect to the amounts received from the consumer as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract. NATIONAL FLOOD INSURANCE ACT Servicer means the person responsible for receiving any scheduled periodic payments from a borrower pursuant to the terms of a loan, including amounts for taxes, insurance premiums, and other charges with respect to the property securing the loan, and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan. TILA refers the definition of a servicer to RESPA, see RESPA. REG O (12 CFR 1015.2) NFIA (42 USC 4121(a)(14)) TILA (15 USC 1602(dd)(7)
FLORIDA MORTGAGE BROKERAGE AND LENDING ACT This act defines mortgage servicer under the definition of mortgage lender. Mortgage lender means a person making a mortgage loan or servicing a mortgage loan for others, or, for compensation or gain, directly or indirectly, selling or offering to sell a mortgage loan to a non institutional investor. Fla. Stat. Ann. 494.001(22) GEORGIA HAWAII RESIDENTIAL MORTGAGE ACT Defines mortgage servicer under the definition of mortgage lender. Mortgage lender means any person who directly or indirectly makes, originates, underwrites, holds, or purchases mortgage loans or who services mortgage loans. Service a mortgage loan means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan. Georgia Code Ann. 7 1 1000 MORTGAGE SERVICERS ACT Mortgage servicer means the person responsible for receiving any scheduled periodic payments from a Haw. Rev. Stat. Ann. borrower pursuant to the terms of any residential mortgage loan, including amounts for escrow accounts, and for making the 454M 1 payments to the owner of the loan or other third parties of principal and interest and other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract. In the case of a home equity conversion mortgage or reverse mortgage as referenced in the Hawaii Mortgage Servicers Act, servicing includes making payments to the borrower. IDAHO ILLINOIS MORTGAGE COMPANY ACT Persons making, servicing, buying or selling residential mortgage loans must comply with the provisions of the Idaho Mortgage Company Act. Mortgage company means any person who, directly or indirectly is engaged in 1 of the following with respect to real property located in Idaho: (1) makes or offers to make loans secured by liens on real property; (2) services or offers to service loans secured by liens on real property; or (3) buys or sells promissory notes secured by liens on real property or offers to buy or sell promissory notes secured by liens on real property. RESIDENTIAL MORTGAGE LICENSING ACT OF 1987 Servicing means the collection of amounts due on a residential mortgage loan, including payments, interest, principal, and trust items such as hazard insurance and taxes, for any lender or noteholder, or for a licensee's own account. Servicing includes loan payment follow up, delinquency loan follow up, loan analysis, and providing notifications to the borrower to keep the loan current and in good standing. "Servicing" includes management of third party entities acting on behalf of a residential mortgage licensee for the collection of delinquent payments and the use by such third party entities of said licensee's servicing records or information, including their use in foreclosure. Idaho Code 26 2802(3) 205 Ill. Comp. Stat. Ann. 635/1 4 INDIANA UNIFORM CONSUMER CREDIT CODE This state does not specifically define a mortgage servicer under the First Lien Mortgage Lending Act or Loan Brokers Act, however, does include "taking assignments of consumer loans (however, an assignee may collect and enforce for 3 months without a license if the assignee promptly applies for a license and the application has not been denied.); or undertaking direct collection of payments from or enforcement of rights against borrowers arising from consumer loans" under required licenses under the Uniform Consumer Credit Code. Ind. Code Ann. 24 4.5 3 502 IOWA KANSAS MORTGAGE BANKERS AND BROKERS ACT Defines mortgage servicer under the definition of mortgage banker. Mortgage banker means a person who does 1 or more of the following: (1) makes at least 4 mortgage loans on residential real property located in Iowa in a calendar year; (2) originates at least 4 mortgage loans on residential real property located in Iowa in a calendar year and sells 4 or more loans in the secondary market; or (3) services at least 4 mortgage loans on residential real property located Iowa (however, a natural person, who services less than 15 mortgage loans on residential real estate within Iowa and who does not sell or transfer mortgage loans, is exempt from licensing under the Iowa Mortgage Bankers and Brokers Act (IMBBA) if that person is otherwise exempt from the provisions of the IMBBA). MORTGAGE BUSINESS ACT Defines a mortgage servicer under the definition mortgage company under the Mortgage Business Act. Mortgage company means a person engaged in mortgage business from a principal place of business or branch office, which has been licensed as required by the KMBA. Mortgage business means engaging in, or holding out to the public as willing to engage in, for compensation or gain, or in the expectation of compensation or gain, directly or indirectly, the business of making, originating, servicing, soliciting, placing, negotiating, acquiring, selling, or arranging for others, or offering to solicit, place, negotiate, acquire, sell or arrange for others, mortgage loans in the primary market. Iowa Code Ann. 535B.1(4) Kan. Stat. Ann. 9 2201 KENTUCKY MORTGAGE LICENSING AND REGULATION ACT Defines mortgage servicer under the definition of mortgage loan company. Mortgage loan company means any person (including an individual, corporation, partnership and any other group however organized) who holds oneself out as being able to: (1) make, purchase or sell mortgage loans; or (2) service mortgage loans. Service or servicing means: (1) receiving any scheduled periodic mortgage loan payments from a borrower, including amounts for escrow accounts or other fees or obligations related to the mortgage loan, and making or crediting the payments to the mortgage loan account, owner of the loan, or a third party assigned to receive said payments; (2) maintaining accountings of principal, interest, and other accounts associated with the servicing of mortgage loans and responding to borrower inquiries regarding the status of these loans or accounts; (3 )initiating, supervising, or conducting foreclosure proceedings and property dispositions in the case of default, except this may not include licensed attorneys representing clients in these matters; or (4) in the case of a home equity conversion mortgage or reverse mortgage, making payments to the borrower. Ky. Rev. Stat. Ann. 286.8 010(20) LOUISIANA MAINE MARYLAND This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Secure and Fair Enforcement for Mortgage Licensing Act. This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Consumer Credit Code, Consumer Credit Code Loan Brokers, or the Secure and Fair Enforcement for Mortgage Licensing Act. MORTGAGE LENDER LAW Mortgage servicer means a person who: (1) engages in whole or in part in the business of servicing mortgage loans for others; or (2) collects or otherwise receives payments on mortgage loans directly from borrowers for distribution to any other person. See also definition of mortgage lender: Mortgage lender means any person who: (1) makes a mortgage loan to any person; (2) is a mortgage broker; or (3) is a mortgage servicer. Md. Code Ann., Fin. Inst. 11 501
MASSACHUSETTS COLLECTION AGENCIES LAWS This state does not define a mortgage servicer, however, it does define the act of servicing a loan and Mass. Gen. Laws Ann. ch. debt collector under the Collection Agencies Laws. Creditors are excluded from the definition of debt collector, however, the exclusion 93, 24 is limited. Debt collector shall include a creditor who, in the process of collecting his own debt, uses any name other than his own which would indicate that a third person is collecting or attempting to collect the debt. Debt collector shall also include a person who uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which is the enforcement of security interests. Debt collector, means any person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another. Debt collector also includes any person who buys or acquires debt that is in default at the time of purchase or acquisition and who seeks to collect such debt directly. Servicing, receiving a scheduled periodic payment from a borrower pursuant to the terms of a loan, including amounts for escrow accounts, and making the payments to the owner of the loan or other third party of principal and interest and other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the servicing loan document or servicing contract. In the case of a home equity conversion mortgage or reverse mortgage as referenced in this section, servicing includes making payments to the borrower. Third party loan servicer, a person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of servicing a loan directly or indirectly, owed or due or asserted to be owed or due another. MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA MORTGAGE BROKERS, LENDERS AND SERVICERS LICENSING ACT Mortgage servicer means a person who, directly or indirectly, Mich. Comp. Laws Ann. services or offers to service mortgage loans. 445.1651a SECONDARY MORTGAGE LOAN ACT Servicer means a person who services or offers to service secondary mortgage loans. Service Mich. Comp. Laws Ann. means the collection or remittance for a lender, noteowner, or noteholder or a licensee's own account of 4 or more installment 493.51 payments of the principal of, interest of, or an amount placed in escrow under a secondary mortgage loan, mortgage servicing agreement, or an agreement with the mortgagor. RESIDENTIAL MORTGAGE ORIGINATOR AND SERVICER LICENSING ACT Does not specifically define a mortgage servicer but does Minn. Stat. Ann. 58.02(22) define servicing a loan. Servicing or servicing a residential mortgage loan means through any medium or mode of communication the collection or remittance of, or the right or obligation to collect or remit for a lender, mortgagee, note owner, note holder, or for a person's own account, payments, interest, principal, and escrow items such as insurance and taxes for property subject to a residential mortgage loan. S.A.F.E. MORTGAGE LICENSING ACT Defines a mortgage servicer under the definition of mortgage lender. Service a mortgage loan Miss. Code Ann. 81 18 3 means the collection or remittance for another, the right to collect or remit for another, or the collection of the company's own loan portfolio, whether or not the company originated, funded or purchased the loan in the secondary market, of payments of principal and interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan. SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT Defines a mortgage servicer under the definition of a residential Mo. Rev. Stat. Ann. mortgage loan broker. Residential mortgage loan broker means any person, other than an exempt person, engaged in the business 443.703 of brokering, funding, servicing, or purchasing residential mortgage loans. Servicing means the collection or remittance for, or the right or obligation to collect or remit for, any lender, note owner, note holder or for a residential mortgage loan broker's own account, of payments, interests, principal and trust items such as hazard insurance and taxes on a residential mortgage loan and includes loan payment follow up, delinquency loan follow up, loan analysis and any notifications to the borrower that are necessary to enable the borrower to keep the loan current and in good standing. MORTGAGE ACT Mortgage servicer means an entity that: (a) engages, for compensation or gain from another or on its own behalf, in the business of receiving any scheduled periodic payment from a borrower pursuant to the terms of a residential mortgage loan, residential mortgage servicing documents, or a residential mortgage servicing contract; or (b) meets the definition of servicer in 12 U.S.C. 2605(i)(2) with respect to residential mortgage loans. Mont. Code Ann. 32 9 103 NEBRASKA NEVADA RESIDENTIAL MORTGAGE LICENSING ACT In Nebraska, the term mortgage banker includes mortgage lenders, mortgage brokers and mortgage servicers. Mortgage banker means any who, for compensation or gain or in the expectation of compensation or gain, directly or indirectly makes, originates, services, negotiates, acquires, sells, arranges for, or offers to make, originate, service, negotiate, acquire, sell, or arrange for a residential mortgage loan. Mortgage banker does not include: (1) a person exempt under the NRMLA; (2) an individual who is a loan processor or underwriter; or (3) an individual who is licensed in Nebraska as a mortgage loan originator. This state does not define a mortgage servicer under the Mortgage Broker Act or Mortgage Banker Act, however, Nevada requires a person or institution engaged in the business of servicing mortgage loans that intends to conduct business in Nevada for the purpose of servicing mortgage loans must register with the Commissioner of Mortgage Lending. Neb. Rev. Stat. 45 702(15) Nev. Rev. Stat. 645F.265 NEW HAMPSHIRE NEW JERSEY NEW MEXICO MORTGAGE SERVICING COMPANIES ACT Mortgage servicing company or "mortgage servicer" means an individual, partnership, N.H. Rev. Stat. Ann. 397 corporation, association, or other entity however organized and wherever located which, for itself or on behalf of the holder of a B:1(III) mortgage loan, holds the servicing rights, or records the payments on its books and records and performs other administrative functions as may be necessary to properly carry out the mortgage holder's obligations under the mortgage agreement including, when applicable, the receipt of funds from the mortgagor to be held in escrow for payment of real estate taxes and insurance premiums and the distribution of such funds to the taxing authority and insurance company. This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Residential Mortgage Lending Act. This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Mortgage Loan Company Act. NEW YORK BANKING LAW Registrant or servicer means a person or entity registered pursuant to the New York Banking Law (NYBL) to engage in the business of servicing mortgage loans for property located in New York. Servicing mortgage loans means receiving any scheduled periodic payments from a borrower pursuant to the terms of any mortgage loan, including amounts for escrow accounts, and making the payments to the owner of the loan or other third parties of principal and interest and other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the mortgage service loan documents or servicing contract. In the case of a home equity conversion mortgage or reverse mortgage, servicing includes making payments to the borrower. N.Y. Banking Law 590
NORTH CAROLINA SECURE AND FAIR ENFORCEMENT MORTGAGE LICENSING ACT Engaging in the mortgage business means: 1) For compensation or N.C. Gen. Stat. 53 gain, or in the expectation of compensation or gain, either directly or indirectly, to accept or offer to accept an application for a 244.030(10) residential mortgage loan from prospective borrowers, solicit or offer to solicit a residential mortgage loan from prospective borrowers, negotiate the terms or conditions of a residential mortgage loan with prospective borrowers, issue residential mortgage loan commitments or interest rate guarantee agreements to prospective borrowers, or engage in table funding of residential mortgage loans, whether any such acts are done through contact by telephone, by electronic means, by mail, or in person with the borrowers or prospective borrowers. 2) To make or fund, or offer to make or fund, or advance funds on residential mortgage loans for compensation or gain, or in the expectation of compensation or gain. 3) To engage, whether for compensation or gain from another or on one's own behalf, in the business of receiving any scheduled periodic payments from a borrower pursuant to the terms of any residential mortgage loan, including amounts for escrow accounts, and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the residential mortgage loan, the residential mortgage loan servicing documents, or servicing contract, or otherwise to meet the definition of the term servicer in 12 U.S.C. 2605(i)(2) with respect to residential mortgage loans. NORTH DAKOTA OHIO OKLAHOMA This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Mortgage Brokers Act or the Mortgage Loan Originator Act. This state does not define a mortgage servicer or the act of servicing a mortgage under the Mortgage Broker Act or Mortgage Lender Act, although also see the defintion under lender. SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT Defines the act of servicing a mortgage under the definition of mortgage lender. Mortgage lender means an entity that takes an application for a residential mortgage loan, makes a residential mortgage loan or services a residential mortgage loan and is an approved or authorized: (a) mortgagee with direct endorsement underwriting authority granted by the United States Department of Housing and Urban Development; (b) seller or servicer of the Fannie Mae or Freddie Mac; or (c) issuer for the Ginnie Mae. UNIFORM CONSUMER CREDIT CODE Although the UCCC does not specifically define a mortgage servicer, a license is required as a supervised lender in order to engage in the business of making supervised loans or taking assignments and undertaking direct collection of payments from or enforcement of rights against borrowers arising from supervised loans. Supervised loan means any loan secured by an interest in land in which the annual percentage rate exceeds 13% per year. Okla. Stat. Ann. tit. 59, 2095.2 Okla. Stat. Ann. tit. 14A, 3 503 OREGON Mortgage loan servicer" means a person engaging in the servicing of residential mortgage loans in this state and includes a person Or. Admin. Rules 137 020 who makes or holds a mortgage loan if the person is the holder of the mortgage servicing rights or has been delegated servicing 0800 functions for the mortgage loan. "Servicing of residential mortgage loans" includes, but is not limited to: (a) Collecting or remitting, or having the right or obligation to collect or remit, for a lender, note owner, note holder or other holder of an interest in a note, payments, interest, principal and trust items, including but not limited to hazard insurance and taxes, on a residential mortgage loan in accordance with the terms of the loan, and includes loan payment follow up, delinquency loan follow up, loan analysis and any notifications to the borrower that are necessary to enable the borrower to keep the loan current and in good standing; (b) Bringing and maintaining a suit or action to collect amounts owed on a residential mortgage loan, including but not limited to exercising contractual, statutory or common law remedies such as injunction, specific performance, judicial or nonjudicial foreclosure or receivership; and, (c) Taking action for the purpose of protecting the lender's, note owner's, note holder's or other owner of an interest in the note's interest in the property and rights under the security instrument. "Servicing of residential mortgage loans" does not include the activities of any person licensed or authorized to act as an attorney, escrow agent, title company, or title insurer under Oregon law, or any person qualified to serve as a trustee. PENNSYLVANIA RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Mortgage Licensing Act. This state does not define a mortgage servicer or the act of servicing a mortgage loan under the General Laws Licensed Activities Act. MORTGAGE LENDING ACT Defines a mortgage servicer under the definition of a mortgage lender. Mortgage lender means a person who acts as a mortgage lender or engages in the business of servicing mortgage loans for others or collecting or otherwise receiving mortgage loan payments directly from borrowers for distribution to another person. This does not include a person engaging in a tablefunded transaction. Act as a mortgage lender means to engage in the business of making or servicing a mortgage loan for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly, including soliciting, processing, placing, or negotiating a mortgage loan. MORTGAGE LENDER BUSINESS STATUTE Defines a mortgage servicer under the definition of a mortgage lender in the Mortgage Lender Business Statute. Mortgage lender means any person who, for valuable consideration, originates, sells, or services mortgages, or holds himself, herself, or itself out as a person who, for valuable consideration, originates, sells, or services mortgages, other than those exempt from the South Dakota Mortgage Lender Business Statute. S.C. Code Ann. 37 22 110 S.D. Codified Laws 54 14 12(8) TENNESSEE RESIDENTIAL LENDING, BROKERAGE AND SERVICING ACT Mortgage loan servicer means any person who in the regular course of business assumes responsibility for servicing and accepting payments for a residential mortgage loan. Tenn. Code Ann. 45 13 105(16) TEXAS RESIDENTIAL MORTGAGE LOAN SERVICER REGISTRATION ACT Residential mortgage loan servicer means a person who: (A) receives scheduled payments from a borrower under the terms of a residential mortgage loan, including amounts for escrow accounts; and (B) makes the payments of principal and interest to the owner of the loan or other third party and makes any other payments with respect to the amounts received from the borrower as may be required under the terms of the servicing loan document or servicing contract. The Mortgage Banker Registration and Residential Mortgage Loan Originator License Act contains an exemption for residential mortgage loan servicers. Tex. Fin. Code Ann. 158.002 UTAH VERMONT MORTGAGE LENDING AND SERVICING ACT Servicer means a person who in the regular course of business assumes responsibility for servicing and accepting payments for a mortgage loan. LOAN SERVICERS ACT Third party loan servicer means a person who engages in the business of servicing a loan, directly or indirectly, owed or due or asserted to be owed or due another. Servicing means receiving a scheduled periodic payment from a borrower pursuant to the terms of a loan, including amounts for escrow accounts, and making the payments to the owner of the loan or other third party of principal and interest and other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the servicing loan document or servicing contract. In the case of a home equity conversion mortgage or a reverse mortgage, servicing includes making payment to the borrower. Utah Code Ann. 70D 2 102(8) Vt. Stat. Ann. tit. 8, 2900
VIRGINIA WASHINGTON LICENSED LENDERS ACT Mortgage Lenders and Mortgage Brokers that service their own originations are subject to licensing under Chapter 73 and also subject to provisions under Vt. Stat. Ann. tit. 8., 2916 (Segregated Accounts) and Vt. Stat. Ann. tit. 8., 2922 (Prohibited Acts and Practices). Defined as: retains the servicing rights on a loan originally closed in the lender's name and subsequently sold in whole or in part to a third party. This state does not define a mortgage servicer or the act of servicing a loan under the Mortgage Lender and Broker Act. The state does require a license under provisions regarding debt collection. Debt Collector means a person defined as a debt collector under 15 U.S.C. 1692a of the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.). Vt. Stat. Ann. tit. 8, 2200 Va. Code Ann. 6.2 2000 CONSUMER LOAN ACT Individual servicing a mortgage loan means a person on behalf of a lender or servicer licensed by this state, Wash. Rev. Code Ann. who collects or receives payments including payments of principal, interest, escrow amounts, and other amounts due, on existing 31.04.015 obligations due and owing to the licensed lender or servicer for a residential mortgage loan when the borrower is in default, or in reasonably foreseeable likelihood of default, working with the borrower and the licensed lender or servicer, collects data and makes decisions necessary to modify either temporarily or permanently certain terms of those obligations, or otherwise finalizing collection through the foreclosure process. Service or servicing a loan means on behalf of the lender or investor of a residential mortgage loan: (a) Collecting or receiving payments on existing obligations due and owing to the lender or investor, including payments of principal, interest, escrow amounts, and other amounts due; (b) collecting fees due to the servicer; (c) working with the borrower and the licensed lender or servicer to collect data and make decisions necessary to modify certain terms of those obligations either temporarily or permanently; (d) otherwise finalizing collection through the foreclosure process; or (e) servicing a reverse mortgage loan. Service or servicing a reverse mortgage loan means, pursuant to an agreement with the owner of a reverse mortgage loan: Calculating, collecting, or receiving payments of interest or other amounts due; administering advances to the borrower; and providing account statements to the borrower or lender. WEST VIRGINIA RESIDENTIAL MORTGAGE LENDER, BROKER AND SERVICER ACT Defines servicing a mortgage under the definition of lender under the Residential Mortgage Lender, Broker and Servicer Act. Lender means a natural person or entity who makes, offers to make, purchases or services any primary or subordinate mortgage loan in the regular course of business. W. Va. Code Ann. 31 17 1(3) WISCONSIN WYOMING MORTGAGE BANKERS, LOAN ORIGINATORS AND MORTGAGE BROKERS ACT Defines the act of servicing a mortgage loan under the definition of mortgage banker. Mortgage banker means a person who: (1) originates residential mortgage loans for itself or for another person; (2) sells residential mortgage loans or interests in residential mortgage loans to another person; or (3) services residential mortgage loans or provides escrow services. Table funding means a transaction in which a person conducts a residential mortgage loan closing in the person's name with funds provided by a third party and the person assigns the residential mortgage loan to the third party within 24 hours of the residential mortgage loan closing. This state does not define a mortgage servicer or the act of servicing a mortgage loan under the Residential Mortgage Practices Act. Wis. Stat. Ann. 224.71